Appeal No. 95-0576
Application 08/035,546
B. Mrozik
Mrozik describes a series of avermectin compounds which are
naturally produced by, and isolated from the fermentation broth
of, Streptomyces avermitilis (Mrozik, column 1, lines 6-8). The
examiner finds that the compounds Mrozik describes are identical
to compounds appellants claim but for the substituent groups
at the 25-position (Examiner’s Answer, pages 2-3, bridging
sentence). Mrozik’s compounds have a methyl, ethyl, isopropyl
or sec-butyl group at the 25-position (Mrozik, column 1, line 63,
and column 2, lines 10-19). Mrozik’s compounds with an isopropyl
or sec-butyl group at the 25-position are homologues of the
compounds appellants claim with an “alpha-branched C -C alkyl
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. . . group” at the corresponding 25-position.
C. GB 2,166,436
GB 2,166,436 (GB) describes a series of antibiotic compounds
which “may be prepared by culturing certain Streptomyces strains,
in particular Streptomyces thermoarchaensis NC1B 12015" (GB,
Abstract). The examiner finds that GB describes compounds which
are “closely analogous” to compounds described by Mrozik and
certain compounds provisionally excluded from appellants’ claims
(Examiner’s Answer, page 4, lines 1-5). The significant
difference between the compounds which are not expressly excluded
from appellants’ claims and the “closely analogous” compounds GB
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